CRIMINAL DETECTION AND

INVESTIGATION
Modified and MADE SIMPLE
FUNDAMENTALS OF CRIMINAL
INVESTIGATION
 CRIMINOLOGY BOARD EXAM
• JURISPRUDENCE 20%
• LEA 20%
• CRIMINALISTICS 20%
• CDI 15%
• CRIM SOCIO 15%
• CORRECTION 10%
100%
SERGIE B. FLORAGUE, ReCrim, MSCJ
floraguesergieb@yahoo.com/09483677793/09264211741

 Criminology Instructor (2012-2014)- University of the Cordilleras

(UC), former Baguio Colleges Foundation (BCF), Baguio City
 Second Place Board of Criminology
 Lecturer for Criminology Board Exam in various schools
 Philippine Criminalistics Society Member
 Law Undergraduate
 Crim Board and CSP Eligible
 UC Alumnus
 Police Officer
• WHAT IS CRIMINAL INVESTIGATION?

• It is derived from the Latin word

“INVESTIGATUS”, which means to trace or to
track.
• Literally means the act/process of careful
inquiry or research; and/or the systematic
examination of some scientific detail or
question whether by experiment or
mathematical treatment.
• INVESTIGARE – a Latin word, which means to
track or look into for traces.

• VESTIGIUM – which means footprints

Criminal Investigation– is an art
which deals with the identity and
location of the offender and provides
evidence of his guilt in criminal
proceedings.
Who is a Criminal Investigator?
is the person who is charged with the duty
of carrying the objectives of investigation
such as:

identify the criminal

locate the offender; and
provide evidence for the offender’s guilt.
 Five Functions of Criminal
Investigators
• Identification of Evidence
• Collection of Evidences
• Preservation of Evidences
• Evaluation/Processing of Evidences
• presentation of evidences and the Criminal
case
 Modes of Criminal Investigation

 Reactive Response:
 Proactive Response
 Preventive Response

jgamarti
 WHO CONDUCTS INVESTIGATION?

1. FICTITIOUS INVESTIGATORS
2. GOVERNMENT INVESTIGATORS – Examples of this
category of investigators are the police
investigators (CIDG Officers, NBI Agent) and BIR
Inspectors.
3. PRIVATE DETECTIVES – These are hired private
people who conduct investigations either
directly or indirectly, such as those employed by
government and private attorneys to called
information or evidence.
 6TYPES OF INVESTIGATION
1. Formal Investigation – it is usually done by the police to
discover facts concerning a civil or criminal case.

2. Inquest – it is used to describe a form of judicial inquiry. It is

conducted by Public prosecutors to determined of legal
grounds exist in filling a criminal complainant against a
person.

3. Inquisition – it simply refers to any penetrating investigation

concerning a religious issue.
4. Probe – it is an extensive, searching inquiry conducted by the
government. However, it is often associated with committees,
usually in the form of legislative inquiries. Examples are the
investigation conducted by the Senate Blue Ribbon
Committee.

5. Research – it refers to careful, patient, investigation done by

scientists or scholars in their efforts to identify original
sources of data or causes of problem.

6. Investigative Reporting – a recent practice pursued by the

members of the press on their own initiative. It is designed to
serve a dual purpose:
– to attract readers/viewers, and
– to get to the roots or a problem.
 TRICHOTOMY OF CRIMINAL INVESTIGATION.

1. TRAINING

2. TOOLS (Information, Interview, Interrogation,

Instrumentation)

3) TECHNIQUE
1. TRAINING

Being a critical factors in developing good and

competent investigator, is the key to freedom
from bondage of ignorance. It a dynamic
process it never ends.
2. TOOLS
The key tool in criminal investigation is the
information. It is the most powerful weapon of
investigators, more powerful than gun or money.
(Macasiano 1991). As an investigative aid, it is the
means by which queries can be answered. The
significance of information can be understood by
what Rudyard Kipling has said:

I keep six honest men

They thought me all I know;
Their names are what and why and when
And how and where and who.
3) TECHNIQUE
Is the essence of the many facts of tactical
strategy in investigation.
HISTORICAL BACKGROUND
• Jonathan Wild- became London’s most effective
criminal investigator for pioneering the logic of
EMPLOYING A THIEF TO CATCH A THIEF.

• Henry Fielding- wrote the novel “Tom Jones”

appointed as magistrate (sheriff) for Winsmenster
and Middlesex in London. BOW STREET RUNNERS
• Sir John Fielding- younger brother of Henry
Fielding, took over the control of the Bow
Street Court in 1753.

• Sir Robert Peel- founded Metropolitan Police-

THE SCOTLANDYARD.
• TEXAS RANGERS- organized as first law
enforcement agency with statewide
investigative authority, the forerunner of the
FBI.

• Charles Dickens- author of “The Bleak House’,

introduced the term “detective” to the English
Language.
• Allan Pinkerton- Became the America’s most
famous private investigator. Founder of
American criminal Investigation System.

• Kate Wayne- was the first woman detective

hired by Pinkerton.
• Jesse James Gang made the first bank hold-up
which marked the beginning of the gang’s 15-
year hold-up and robbery spree.
• Alphonse Bertillion- A French police clerk introduced
the first systematic identification system based on
Anthropometry or ANTHOPOMETRICAL SIGNAMENT.
Recognized as the founder of Criminal Identification.

• Dr. Arthur Conan Doyle- popularized scientific

criminal investigation by creating the fictional
detectives SHERLOCK HOLMES and his friend Dr.
Watson Holmes.
• 1961, U.S.A.- Mapp vs. Ohio (376 vs. 584)- this
criminal case, the Supreme Court ruled that
illegally obtained evidence is inadmissible in
state criminal prosecutions. This case
established the DOCTRINE OF THE
POISONOUS TREE.
 1811- Eugene Francois Vidocq established a
squad of ex-convicts to aid the Paris Police
in investigating crimes and he worked
under the theory of SET A THIEF TO
CATCH A THIEF. He was credited as the
Father of LA SURETE France’s National
Detective Organization.
 1833- In England, London’s Metropolitan
Police Force employed the first
undercover officer.
 1851- Multi-suspect identification line-up was
used for the first time in Boston.
 1859- Photographs became admissible as
evidence when relevant and properly
verified in America Appellate Courts.
 THOMAS BYRNES- New York Investigator.

 He introduced the MODUS OPERANDI FILE.

 CRIMINAL INVESTIGATION. May start
in three ways:
• A report/information received about a
criminal incident.

• The criminal complaint of the offended party;

• Spontaneous action or self-initiation by the

police or any law enforcement agency.
 What are the 4 I’s of
investigation?
1. Information;
2. Interview;
3. Interrogation; and
4. Instrumentation
 INFORMATION
is the knowledge which the
investigator gathered and acquired
from other persons.
What are the classifications of
information?
• SOURCES OF INFORMATION
– Refer to whom, where or when information are
derived or developed.

General Types of Information:

– Open Sources
– Closed Sources
1. information from regular sources such
as records and files of the police,
company records, civic spirited citizens;
and
2. information from cultivated sources
such as paid informants, bartenders, cab
drivers.
 INTERVIEW
Simple questioning of a person who
is cooperating with the investigator.
 Three Stages of Interview

1. Preliminary Interview
2. Follow – up Interview
3. Final Interview
– The last questioning that may be to the act of
offering a witness to testify during trial.

jgamarti
 INTERROGATION

The vigorous questioning of a person

who is a reluctant to divulge
information.
• APPROACH AND PROBE

• Approach - the process of setting people to

start talking.
• Probe - the process to keep the person
(subject) talking incessantly.
 INSTRUMENTATION

the application of instruments and

methods of physical sciences in the
detection of crime.
PHASES OF CRIMINAL
INVESTIGATION
1. Identification of the offender
2. Tracing and locating the offender
3. Gathering of evidence to prove the
guilt of the accused.
What are the methods of
identifying the criminals
1. confession, or
2. Admission
3. identification based on circumstantial
evidence
4. identification based on Associative
evidence
5. Identification by the method of
operation (Modus operandi)
Confession – is a direct acknowledgment
by the accused in a criminal case of the
truth of his guilt as to the crime charged or
of some parts of the commission of the
criminal act itself.
Admission – is the statement of facts by
the accused in a criminal case which does
not directly involve the acknowledgment of
guilt in the commission of crimes for which
he is charged.
 Additional requirements for
confession or admission to prove the
guilt of the accused.
a. It must be supported by other
corroborative evidence.
b. Corpus delicti (body of the crime) must
be established separately.
c. The confession must be voluntary and
freely given.
What are the methods of
identification of witness?
1. Verbal description
2. Photographic files
3. General photograph
4. Artist’s assistance
5. The “Police Line-up”
 Identification based on
circumstantial evidence to produce
a conviction of the accused
Circumstantial evidence may be sufficient to
produce conviction if the following
circumstances are present:

a. When there are more than one

circumstances present,
b. When the facts from which the inferences are
derived are proven;
c. When the combination of all the
circumstances is such as to produce a
conviction beyond reasonable doubt.
By the Identification based on
Associative evidence
These are physical evidence which may
identify the criminal by means of clues,
personal properties, or the characteristic
pattern of procedure deduced from the
arrangement of objects at the crime scene.
Identification by the method of
Operation (Modus operandi)
The modus operandi file enables the
investigators to recognize a pattern of
criminal behavior exhibited by the suspect.

The investigator can also detect thru the

files that a series of crimes committed
were done by a single criminal and
therefore, he can predict and approximate
the next target of the criminal in the
future.
HOW TO TRACE AND LOCATE
CRIMINALS?
 A. Tracing and locating the criminals
through the use of informants

Informant – is a person who gives

information to the investigator.

Confidential informant – is a person who

provides an investigator information
concerning a past or projected crime and
does not wish to be known as the source of
information.
Types of Informants:
1. Anonymous informant – this is an
anonymous telephone caller or letter
writer who give information about the
suspect.
2. Rival – elimination informant – usually
anonymous. His purpose in informing is to
eliminate rivals or competition.
3. False informant – reveals information
usually of no consequence or stuff concocted
out of thin air. Purpose is to appear to be on
the side of the law and for the purpose of
throwing suspicion of the police from himself,
to his gang, or associates.

4. Frightened informant – is a person who is

compelled by fear or self-interest. This type is
the weakest link in the criminal chain of the
gang.
5. Mercenary informant – this is the paid
informant and always has something to sell to
the police. He may be a valuable source of
information. Sometimes his motive is revenge
since he fells that he has been double-crosses
or given a “dirty deal” and therefore seeks
profit in telling the information to the police
for fee.
6. Double-crosser informant – uses his
seemingly desire to give information as an
excuse to talk to the police in order to get
more information from them than he gives.
7. Woman informant – female associate of
any criminal. She gives information
because she has been jilted by her
criminal lover or just being jealous.

8. Legitimate informant – operator of

license premises who does not want
his/her place of business to become the
hangout of criminals.
CRIME SCENE SKETCHES
 Sketches are useful in questioning the
suspects and witnesses as well as in writing
the investigative reports.
A rough sketch is prepared indicating the
actual measurement of things with scale
and proportion observed and oriented to
the North pole. All necessary information
are placed in the sketch.
CRIME SCENE SEARCH
The search for physical evidence is done
using the accepted methods of search
depending upon the actual location to be
searched.
The crime scene search could only be
started after it has been photographed and
sketched.
1. QUADRANT OR ZONE SEARCH METHOD

In this method, one searcher is

assigned to a quadrant, then each quadrant
is cut into another set of quadrants.
2. STRIP OR LINE SEARCH METHOD
In this method, the area is blocked
out in the form of a rectangle. The searcher
proceeds slowly at the same pace along
path parallel to one side of the rectangle.
3. SPIRAL SEARCH METHOD
In this method, the searchers follow
each other along the path of a spiral,
beginning on the outside and spiraling in
towards the center.
4. GRID OR DOUBLE STRIP SEARCH
METHOD
The grid or double strip method of
search is a modification of strip search
method. Here, the rectangle is traversed
first parallel to the base then parallel to the
side.
5. WHEEL SEARCH METHOD
In this method of search, the area is
considered to be approximately circular.
The searchers gather at the center and
proceed outward along radii or spokes.
CONDUCT OF FINAL SURVEY

The Team leader should make a final

review of the crime scene to determine
whether or not the processing has been
completed.
Release of the Crime Scene

The release of the crime scene is done if

the investigator is satisfied that all pieces of
evidence have been recovered.
ARREST, SEARCHES AND SEIZURES
Arrest –is the actual restraint of the person
to be arrested or by his submission to the
custody of the person making the arrest.

Warrant of Arrest-

Search warrant
Arrest can be made in the following cases:
1. arrest by actual restraint, and
2. by voluntary submission
Warrantless Arrest (Rule 113, sec 5)
Rule 126 (searches and seizures)
SEARCH AND SEIZURES
Search warrant – is an order in writing
issued in the name of the People of the
Philippines, signed by a judge, and directed
by a peace officer, commanding him to
search for any property described therein
and bring it before the court.
THANK YOU AND GIVE YOUR BEST
SHOT!........